Who Decides Indian Citizenship? Supreme Court Settles the Debate

The Supreme Court has made it clear that while the Election Commission of India (ECI) has the authority to remove suspected or ineligible voters from electoral rolls, it does not have the power to determine whether a person is an Indian citizen.

The Court emphasized that the power to decide citizenship rests with the Central Government under the provisions of the Citizenship Act, 1955, and such decisions remain subject to judicial review by constitutional courts.

PIL Challenges Impact of Voter List Revision

The observations came during the hearing of a Public Interest Litigation (PIL) filed by Prasenjit Bose, President of the West Bengal Pradesh Congress Committee.

The petition alleged that during the Special Summary Revision (SSR) of electoral rolls, several individuals whose names were deleted from the voter list were also denied access to government welfare schemes. According to the petitioner, many of them were unable to receive ration and other benefits despite no formal determination of their citizenship.

Supreme Court Defines ECI's Role

A Bench comprising Chief Justice Surya Kant, Justice Ujjal Bhuyan, and Justice V. Mohan observed that the Election Commission's responsibility is limited to maintaining accurate electoral rolls.

The Bench clarified that while the ECI may identify and remove suspected or ineligible voters in accordance with election laws, it cannot declare any individual to be a non-citizen or decide questions relating to citizenship.

Who Decides Citizenship?

The Court reiterated that the Central Government, through its designated authorities under the Citizenship Act, 1955, is the competent authority to determine whether a person is an Indian citizen.

If any person is aggrieved by such a decision, the matter can be challenged before the appropriate courts, including the High Courts and the Supreme Court.

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Court Directs ECI to Refer Cases

The Supreme Court directed the Election Commission to forward the details of persons identified as suspected voters to the Central Government.

The designated authorities of the Central Government will examine the relevant records and take a decision regarding the citizenship status of the concerned individuals in accordance with law.

33 Lakh Cases Under Challenge

Appearing for the petitioner, Senior Advocate Gopal Sankaranarayanan informed the Bench that nearly 33 lakh people whose names were removed from electoral rolls have approached courts challenging the ECI's decisions.

He also submitted that around 30,000 cases have already been decided. In nearly 70% of these cases, courts directed that the names of the affected individuals be restored to the electoral rolls.

Why the Ruling Matters

The judgment draws a clear distinction between electoral eligibility and citizenship.

While the Election Commission is constitutionally empowered to prepare and revise voter lists, the determination of citizenship remains exclusively within the jurisdiction of the Central Government. The ruling is expected to serve as an important precedent for future electoral roll revision exercises and ensure that questions of citizenship are decided only by the legally competent authority.